Criminal Law - what does it mean?

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criminal-lawCriminal law involves prosecution by the federal government of an individual for an act that is classified as a crime. Civil cases, however, involve individuals and organizations wanting to resolve legal disputes. In a criminal case, Hawaii, by way of a prosecutor, initiates the suit, during a civil case the victim brings the suit. Persons convicted of a crime could be incarcerated, fined, or both. However, persons found liable in a civil case may simply quit property or pay money, but aren't incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are several common law crimes, most crimes in the USA are established by local, state, and federal governments. Criminal laws vary significantly from state to convey. There's, however, a Model Penal Code which serves as an excellent starting place to get a knowledge of the essential structure of criminal liability.
Crimes include both felonies (much more serious offenses -- like murder or rape) and misdemeanors (less serious offenses - like petty theft or jaywalking). Felonies are often crimes punishable by imprisonment of per year or even more, while misdemeanors are crimes punishable by significantly less than per year. However, no act is really a crime if it is not previously established therefore either by statute or common law. Recently, the set of Federal crimes coping with activities extending beyond state boundaries or having special effect on federal operations, is continuing to grow.
All statutes describing criminal behaviour could be broken down to their various elements. Most crimes (apart from strict-liability crimes) contain two elements: an act, or actus reus, and a state of mind, or mens rea. Prosecutors need to prove every single part of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge beyond an acceptable doubt of each fact essential to constitute the crime charged. In civil cases, the plaintiff must show a defendant is likely only by way of a preponderance of the data, or even more than 50%.

FCC Warning: Beware the Government Gift Card Scam

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The FCC is warning consumers to be on the lookout for telephone scam artists who impersonate government officials, such as law enforcement or other government representatives, demanding payment in the form of gift cards. Usually the impersonator will threaten...

How Does Age Factor Into Divorce?

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Top 5 Legal Questions Veterans Ask

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Can You Stop Workplace Bullying?

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Although there are several laws protecting employees from the bad actions of their employers, only a few states actually have laws against workplace bullying. To make matters worse, the laws are rather limited in what they actually protect. However,...

Non-Sequiturs: 11.18.16

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* A primer: everything you need to know about Jeff Sessions. [The Marshall Project] * A Texas lawmaker wants to force schools to out LGBT students to their parents. [The New Civil Rights Movement] * Loretta Lynch still wants you to report hate crimes. [Huffington Post] * A threesome leads to a suspension for an attorney. [Legal Profession Blog] * A $25 million settlement is expected for the Trump University fraud case. [New York Daily News] * A new spin on CLEs. [ABA Journal] * Low divorce rates are bad for lawyers. [Law and More]

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Non-Sequiturs: 11.04.16

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* Will ballot selfies ruin democracy? A debate between Rick Hasen and Elie Mystal. [New York Times] * Tim Kaine's law school roommate dishes on the experience. [Salon] * How to survive your first year as an associate. [Ms. JD] * Thinking about faking it as a lawyer? You could go to jail for that. [Patch] * Republicans are already talking impeachment if Hillary wins, but can they pull it off? [LawNewz] * The LGBT Bar Association of Greater New York (LeGaL) is partnering with Legal.io to improve access to pro bono and legal referral services. [Legaltech News]

Can Citizens Enforce Voter Laws?

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The political invective from both sides of the presidential campaign has already been heated, and we can probably expect it to reach incendiary levels in the last month leading to the election. But one of the more sinister suggestions coming...

How Much Does a Divorce Lawyer Cost?

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Why Is There a Divorce Waiting Period?

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For most folks, once they've made the decision to get divorced, they want it over as quickly as possible. But just because you've signed the papers doesn't mean your divorce is finalized. Half of all states have a waiting period...

Child Visitation Rights for Same-Sex Parents

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While same-sex couples have the right to marry, when they separate, same-sex parents are finding that many states’ laws have not caught up to the times when it comes to child custody or child visitation rights. Despite the fact that...